When staff determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this Ordinance, G.S. Ch. 160D or other local development regulation or any State law delegated to the local government for enforcement purposes in lieu of the State or in violation of the terms of a development approval, a written notice of violation will be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. 160D-1123 or G.S. 160D-1206 or otherwise provided by law, a notice of violation may be appealed to the board of adjustment pursuant to G.S. 160D-405.

Whenever any work or activity subject to regulation pursuant to this Ordinance or G.S. Chapter 160D or other applicable local development regulation or any State law delegated to the local government for enforcement purposes in lieu of the State is undertaken in substantial violation of any State or local law, or in a manner that endangers life or property, staff will order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the local government that the order was delivered, and that certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. 160D-1112 and G.S. 160D-1208, a stop work order may be appealed pursuant to G.S. 160D-405. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.

(A)

Subject to the provisions of this UDO, any development regulation adopted pursuant to authority conferred by this Ordinance or G.S. Chapter 160D may be enforced by any remedy provided by G.S. 160A-175 or G.S. 153A-123. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or developed in violation of this UDO or of any development regulation or other regulation made under authority of General Statutes, the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or development; to restrain, correct or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises.

(B)

When a development regulation adopted pursuant to authority conferred by General Statutes is applied or enforced in any area outside the planning and development regulation jurisdiction of the Town as set forth in G.S. 160D-202 the Town and the property owner shall certify that the application or enforcement of the city development regulation is not under coercion or otherwise based on representation by the city that the city's development approval would be withheld without the application or enforcement of the city development regulation outside the jurisdiction of the city. The certification may be evidenced by a signed statement of the parties on any development approval.

14.4.4.1. Appeals of Administrative Decisions. Except as provided in G.S. 160D-1403.1, appeals of administrative decisions made by the UDO Administrator or staff shall be made to the Zoning Board of Adjustment in accordance with Section 14.7.3.5 of this UDO.

14.4.4.2. Penalty.

(A)

Any violation of any provision of this Ordinance shall subject the violator to a civil penalty in the amount set forth in the Fee Schedule adopted by the Board of Commissioners and posted on the Town website. A citation for the civil penalty shall be issued by the Police Department or the Town UDO Administrator. Each citation for a civil penalty must be paid within 72 hours of issuance.

(B)

Every day that the violator continues in violation shall be a separate and distinct offense.

(C)

Enforcement of the provisions of this Ordinance will be conducted by the UDO Administrator or their designee.

(1997 Code, § 36-8; Am. Ord. 00-12-10, passed 12-18-2000; Am. Ord. 2012-03-01, passed 3-19-2012; 2016 Code § 156.99)

14.4.5.1. Violations Continue. Any violation of the previous zoning regulations, subdivision regulations, or any other land use regulation shall continue to be a violation under this Ordinance and any other applicable ordinances, laws, or statutes. Violations of this Ordinance shall be subject to the penalties set forth in Section 14.4.5 of this UDO, and any other applicable ordinances, laws, or statutes, unless the development complies with the express terms of this Ordinance or the other ordinances, laws, or statutes.

14.4.5.2. Complete Applications Not Yet Approved. Any development application submitted and accepted as complete before the effective date of this UDO, but still pending final action as of that date, shall be reviewed and decided in accordance with the regulations in effect when the application was accepted. No application shall be considered complete unless and until the entire application fee has been paid in accordance with the current fee schedule. To the extent such an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Section 14.4.6.4 of this UDO.

Completed applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time the application is accepted as complete. If a development is approved but does not commence and continue within the required time frames, it shall expire, and future development of the property shall be subject to the requirements of this Ordinance.

An applicant with a pending complete application accepted before the effective date may opt to have the proposed development reviewed and decided under the standards of this Ordinance by withdrawing the pending application and submitting a new application in accordance with the standards of this Ordinance.

14.4.5.3. Approved Applications Still Apply. Any development approval granted before the effective date of this Ordinance shall remain valid until their expiration date. Developments with valid approvals or permits may be carried out in accordance with the terms and conditions of approval and the development standards in effect at the time of approval, provided the permit or approval is valid and has not expired. If the prior approval expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent development application for the site shall be subject to the procedures and standards of this Ordinance. To the extent a prior-approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Section 14.4.6.4 of this UDO.

14.4.5.4. Permit Choice. If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies. (G.S. 160D-108(b))

14.4.5.5. Nonconforming Uses.

(A)

Any building, structure or use of land legally existing at the time of the enactment of this Unified Development Ordinance, or any amendment thereto, may be continued subject to the following provisions.

(B)

The uses shall not be:

(1)

Changed to another nonconforming use.

(2)

Enlarged or extended except in conformity with this UDO.

(3)

Reestablished after the discontinuance of the use for a period of 180 days or more unless the discontinuance is caused by damage, if the reconstruction is commenced within a reasonable time after the damage, and proceeds at a reasonable commercial rate to completion.

(1997 Code, § 44-43; Ord. 2014-08-06, passed 8-18-2014; 2016 Code § 156.027)